Purpose: To provide a detailed understanding of the legal consequences for non-compliance with CITES and national regulations in the trade of agarwood and other high-value plant products.
A. Penalties
- Fines: Monetary sanctions for violations of CITES permits, source codes, NDFs, or quotas
- Suspension or revocation of permits: Exporters may lose legal authorization to trade
- Administrative sanctions: Warnings, corrective orders, or mandatory training
B. Seizures
- Triggers:
- Missing or incorrect permits/certificates
- Mismatched species, parts, or quantities
- Exceeding quotas or violating source code rules
- Procedures:
- Temporary detention pending verification
- Confiscation if non-compliance confirmed
- Documentation of seizure for regulatory reporting
C. Prosecutions
- Criminal actions: For deliberate illegal trade, fraud, or misrepresentation
- Legal consequences: Imprisonment, substantial fines, or both
- Court proceedings: Evidence from CoC, permits, traceability, and audit trails are used
Professional Insight: Enforcement protects wild populations, maintains market integrity, and ensures compliance with international and national laws.
D. Risk Mitigation
- Maintain accurate and complete documentation for all shipments
- Ensure permits, certificates, and source codes are correct
- Implement internal audits and staff training on compliance
- Engage early with Management and Scientific Authorities for guidance and verification
Learning Outputs
- Understanding of types of penalties and legal consequences for non-compliance
- Awareness of conditions that trigger seizures and enforcement actions
- Knowledge of how prosecutions are conducted using documentation and evidence
- Practical strategies for minimizing legal risk and ensuring compliance in agarwood trade